(1.) This election petition filed under Sec. 80/81 of The Representation of People Act, 1951 (hereinafter called as "the Act of 1951") questions the election of one Prem Pal Singh Dhangar, respondent no. 1, to U.P. Legislative Assembly from Tundla Constituency No. 95 (reserved for Scheduled Castes).
(2.) This election petition was nominated to this Court by orders of Hon'ble The Chief Justice dtd. 28/8/2023 exercising power under subsec. (2) of Sec. 80-A of the Act of 1951.
(3.) During pendency of election petition, election petitioner filed an amendment application Paper No. A-34, while the respondent no. 1 filed an application under Order VII Rule 11 CPC Paper No. A-28 for dismissing election petition as it des not disclose the cause of action for declaring the election to be void. Both the applications were heard together and are being decided by a common order with the consent of counsel for the parties.
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